BATAS USIA PERKAWINAN 19 TAHUN PERSPEKTIF HUKUM PERLINDUNGAN ANAK DAN MASLAHAH

Firda Nur Jannah, NIM.: 17103050065 (2021) BATAS USIA PERKAWINAN 19 TAHUN PERSPEKTIF HUKUM PERLINDUNGAN ANAK DAN MASLAHAH. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The purpose of marriage is to form a sakinah, mawaddah, and rahmah family. When a Muslim wants to get married, he must fulfill the pillars and conditions of marriage, both according to Islamic law and applicable positive law (law). There are some conditions of marriage that are stipulated by positive law, but not in Islamic law. For example, the provisions regarding the age limit for marriage. The latest positive law (Law Number 16 of 2019) stipulates the age of 19 years as the age limit for marriage, while in Islam the age limit for marriage is not determined how old it is, but a person is allowed to marry if he has entered the puberty phase. The public's perspective on the age limit for marriage is 19 years, there are still many pros and cons. People's arguments also vary, ranging from Islamic law which does not regulate the age limit for marriage to customs or customs from ancient times that do not apply these limits. In terms of psychology, human rights (HAM), mental and physical readiness, as well as other factors, the age of 19 actually provides a way out to overcome the problems that are the biggest factors causing divorce. The age of 19 years is also considered to be more mature than the previously set age of 16 years, so that the goal of marriage can be achieved to the maximum. The research that the author did in this study used the type of library research or library research method. Data were obtained from library sources, such as books, theses, journals, and other scientific writings. Then using a juridical-normative approach, which is carried out based on the main legal material by examining theories, concepts, legal principles and laws and regulations related to this research. The results of this study describe the latest marriage age limit, which is 19 years according to two perspectives, first, the marriage age limit is 19 years according to Law Number 23 of 2002 concerning Child Protection, whether that age is classified as an adult age and has met the criteria to be able to carry out a marriage. marriage. Second, the age limit for marriage is 19 years according to Islamic law which uses the concept of maslahah which generally means bringing good or benefit and rejecting damage or evil.

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